Case Details

Citation(s)
1999 SLG 798 1999 SLD 798 1999 PLC 171
Labour Appellate Tribunal, Sindh
Revision Application No. HYD-272 of 1997, decision dated: 20-01-1998.
AHMED YAR KHAN, APPELLATE TRIBUNAL

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Messrs AMIN FABRICS LIMITED, KOTRI through Production Manager

VS

MAZDOOR DOST LABOUR UNION, AMIN FABRICS LIMITED, KOTRI and another

Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------Ss. 35 & 38(3)(a)---West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.O. 11-A--­Admission of petition---Petition filed by employer under S.11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was dismissed by Labour Court on ground that Presiding Officer of Labour Court who was holding additional charge of another Labour Court at relevant time, was not competent to pass order of admission of petition as no notification in that respect was issued under S.35 of Industrial Relations Ordinance, 1969---Petition under S.O. 11-A of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 was Presented before concerned officer who recorded his note thereon but as there was no Judge and additional charge of the Court was with Presiding Officer of another Labour Court, concerned officer presented that petition before Presiding Officer of the Court when was also holding additional charge of another Labour Court---Presiding Officer admitted petition for regular hearing by recording orders viz. "Admit and register. Issue notice to respondent" ---Order passed by Labour Court was to be considered an administrative order which did not require any judicial consideration---Admission order passed by Presiding Officer, Labour Court whereby main petition was admitted, being an administrative order, was not hit, by plea that it was without jurisdiction---Judgment of Labour Court according to which petition of employer was dismissed, was set aside and matter was remanded to Labour Court for proceeding further on merits. Muhammad Humayun for Applicant. Rana Mehmood Ali Khan, Representative for Respondents. Date of hearing: 20th January, 1998 DECISION The present suo motu Revision pertains to an order passed by the learned Presiding Officer (Muhammad Ehtashamuddin Kazmi) Labour Court No. VI, Hyderabad, whereby he dismissed a petition filed under section 11-A of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 filed by the present Informant Messrs Amin Fabrics Limited on the…
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